Cruz et al v. JP Morgan Chase Bank, National Association et al

Filing 46

ORDER by Judge Claudia Wilken DENYING WITHOUT PREJUDICE 44 MOTION TO WITHDRAW. (ndr, COURT STAFF) (Filed on 10/26/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ARMIE CUA CRUZ; and FLORO LORENZO
CRUZ, JR.,

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United States District Court
For the Northern District of California

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v.
JP MORGAN CHASE BANK, NATIONAL
ASSOCIATION, as successor in
interest to WASHINGTON MUTUAL
BANK F.A.; QUALITY LOAN SERVICE
CORPORATION; CALIFORNIA
RECONVEYANCE COMPANY; and DOES
1-100,
Defendants.

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ORDER DENYING
WITHOUT PREJUDICE
MOTION TO WITHDRAW
(Docket No. 44)

Plaintiffs,

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No. C 12-3219 CW

________________________________/
Plaintiffs’ attorneys have filed a motion to withdraw and
permit Plaintiffs to proceed in pro per.

The Court notes that, in

the stipulation attached to the motion, Plaintiffs represent that
they intend to retain new counsel promptly.
An ADR phone conference was scheduled to take place on
October 22, 2012, but was continued until December 11, 2012, based
on Plaintiffs’ attorneys’ representation that they were not
prepared to discuss settlement options at that time.

The Court

will not allow the substitution of Plaintiffs in pro per until
after they and their counsel have attempted in good faith to
participate in the ADR process on the date scheduled.
After the ADR telephone conference has been held, and if the
case has not been resolved, counsel may renew the motion to
withdraw.

In any renewed motion, counsel shall provide cause for

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their withdrawal and clarify if Plaintiffs will be retaining new

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counsel or are choosing to represent themselves.

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Alternatively, the Court will entertain a motion to

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substitute new counsel prior to the ADR telephone conference.

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IT IS SO ORDERED.

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Dated: 10/26/2012

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CLAUDIA WILKEN
United States District Judge

Cc: ADR

United States District Court
For the Northern District of California

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